Wistrom, Gary v. Black, Kenneth B.

Filing 151

ORDER that court will treat plaintiff's 6/1/13 request as void and accept 6/7/13 request for remittitur nunc pro tunc; clerk's office directed to enter judgment for plaintiff in amount of $450,000. Signed by District Judge William M. Conley on 6/10/13. (krj)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN GARY WISTROM, Plaintiff, ORDER v. 11-cv-515-wmc KENNETH BLACK, Defendant. The court is in receipt of the June 7, 2013 correspondence from plaintiff’s counsel advising that “he wishes to withdraw the request for a new trial on damages and accept the Court’s remittitur of $150,000 in compensatory damages and $300,000 in punitive damages,” as well as a response from defendant’s counsel filed later that same day, which objects to the withdrawal as “untimely” and for failing to articulate “excusable neglect.” Although 2 days past the deadline set by the court, there appears good reason under Fed. R. Civ. P. 1 to permit a slightly late acceptance of remittitur, no statutory bar to this court exercising its discretion to permit a tardy acceptance, and no meaningful prejudice to defendant in the court doing so. Accordingly, the court will treat plaintiff’s June 5 request as void and accept the June 7 request for remittitur nunc pro tunc. The clerk’s office is directed to enter judgment for plaintiff in the total amount of $450,000. Entered this 10th day of June, 2013. BY THE COURT: /s/ WILLIAM M. CONLEY District Judge 1

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